Snyder v. Phelps

In an 8–1 decision delivered by Chief Justice John Roberts, the Court wrote that the First Amendment "shield[s] Westboro from tort liability for its picketing" because the speech was made on a matter of public concern and did not disrupt the funeral.

[2] The Westboro Baptist Church (WBC), often described as a hate group,[fn 1] was founded by Fred Phelps in 1955 and is headquartered in Topeka, Kansas.

[14] Snyder's claims of defamation and publicity given to private life were dismissed pursuant to Westboro's request for summary judgment and the case proceeded to trial on the remaining three counts.

Snyder testified that, although he glimpsed the tops of the signs from the funeral procession, he did not see their content until he watched a news program on television later that day.

[22][23][24] WBC unsuccessfully sought a mistrial based on alleged prejudicial statements made by the judge and violations of the gag order by the plaintiff's attorney.

Court liens were ordered on church buildings and Phelps' law office in an attempt to ensure that the damages were paid.

The Fourth Circuit also ruled that the protest signs and language on WBC's website were rhetorical hyperbole and figurative expression, rather than assertions of fact, so they were a form of protected speech.

People all over the country, including (notably conservative) political commentator Bill O'Reilly agreed to cover the costs, pending appeal.

[30] Several news and civil rights organizations filed amicus briefs in support of Phelps, including the American Civil Liberties Union,[31] the Reporters Committee for Freedom of the Press, and twenty-one other media organizations, including National Public Radio, Bloomberg L.P., the Associated Press, the Newspaper Association of America, and others.

"[41] The decision also declined to expand the "captive audience doctrine", saying that Snyder was not in a state where he was coerced to hear the negative speech.

[42] Justice Stephen Breyer wrote a concurring opinion, emphasizing his view that the decision related only to picketing, and did not take into consideration Westboro Baptist Church's on-line publications that attacked the Snyder family.

Alito began his dissent with, "Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case.

"[40] He sternly criticized the Church's conduct, writing: [Westboro did not] dispute that their speech was "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community."

They are wrong.He concluded, "In order to have a society in which public issues can be openly and vigorously debated, it is not necessary to allow the brutalization of innocent victims like petitioner.

WBC members picketing a military funeral in Yakima, Washington in 2005
Margie Phelps, who argued the case before the Supreme Court
Chief Justice John Roberts , who wrote the majority opinion